MITHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.699 of 2018 wherein Mithilesh Kumar @ Mithlesh Kumar, Rameshwar Kumar, Rajesh Yadav, Amrendra Kumar are the appellants, Criminal Appeal (SJ) No. 847 of 2018 wherein Rintu Kumar Singh @ Chandrakant Singh is the appellant, Criminal Appeal (SJ) No. 902 of 2018 wherein Rakesh Kumar, Naushad Alam, Ankit Kumar are the appellants, Criminal Appeal (SJ) No. 863 of 2018 wherein Mantu Prasad, Sonu Kumar are the appellants, Criminal Appeal (SJ) No. 1064 of 2018 wherein Prabhat Kumar is the appellant, Criminal Appeal (SJ) No. 1984 of 2018 wherein Manish Kumar is the appellant have been heard analogously since all these appeals arise out from common judgment of conviction dtd. 9/2/2018 and order of sentence dtd. 12/2/2018 passed by Additional District and Sessions Judge, Vth, Siwan in Sessions Trial No.477/2017. All the appellants named above have been found guilty for an offence punishable under Sec. 414 IPC and each one has been sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.4000.00 and in default thereof, to undergo R.I. for three months, under Sec. 465 IPC and sentenced to undergo R.I. for one year as well as to pay fine appertaining to Rs.2000.00 and in default thereof, to undergo R.I. for three months additionally, under Sec. 468 IPC and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.10,000.00 and in default thereof to undergo R.I. for three months additionally, with a further direction to run the sentences concurrently, with a further direction to set off the period having undergone during course of trial as provided under Sec. 428 of the Cr.P.C.

(2.) Akhilesh Kumar Mishra (PW.7), Officer-in-charge of Bhagwanpur Hat P.S. recorded his self-statement on 29/4/2017 at 04:00 PMthat after receiving confidential information with regard to assemblage of motorcycle thieves at Sadhu Baba orchard near village-Piprahiya along with stolen motorcycle in order to sale, a raiding party was constituted and raid was conducted during course of which, all of them were apprehended along with motorcycle. On interrogation, the accused who was over motorcycle Black Colour Passion bearing Registration No.BR31L0653 disclosed his identity as Mantu Prasad, the accused who was over motorcycle Black Colour Passion having no registration number, disclosed his identity as Rintu Kumar Singh. The other occupants thereof disclosed his identity as Rajesh Yadav. The person having over Glamour motorcycle bearing Registration No.BR04Y1141 disclosed his name as Rakesh Kumar while other occupants disclosed his name as Raja Kumar. The person over Passion motorcycle having no registration number disclosed his name as Nausad Alam and the other occupants disclosed his name as Mithilesh Kumar. The occupant of Splendor Pro motorcycle Black Colour having no registration number disclosed his name as Ankit Kumar while his companion, to be Sonu Kumar. Then thereafter, they were also physically searched out, questioned over motorcycle which they confessed to be stolen one, having no document with regard thereto and accordingly, in presence of two seizure list witnesses namely Bholu Kumar and Sujit Kumar, seizure list was prepared with regard to respective motorcycle as well as personal belongings and a copy thereof was handed over to the respective accused who endorsed the same over respective seizure list. They have also disclosed that they have assembled here in order to sale. They have also disclosed that at an earlier occasion also they had sold away some of stolen motorcycle at different places to different persons. Furthermore, one of them namely Mantu Prasad divulged the modus operandi as well as also disclosed that through Rintu Kumar Singh, he had sold away different stolen motorcycle to Rameshwar Kumar, Manish Kumar, Nitesh Kumar, Prabhat Kumar of village-Patedha while Amrendra Kumar of village-Dewariya and he is ready to point out the same and could be recovered. Accordingly, they proceeded along with accused persons. They have informed the police officials of Mahrajganj P.S. and were joined by ASI along with armed police personal and reached at village-Patedha where as pointed out, first of all conducted raid at the house of Prabhat Kumar where, in presence of seizure list witnesses Himanshu Shekhar Sahi and Ram Prasad Manjhi, searched and seized Splendor Pro motorcycle having no registration number. Prabhat was present from whom document was asked for. He has disclosed that he has purchased the motorcycle from Mantu Singh through Rintu Kumar Singh. Accordingly, Prabhat Kumar was apprehended, seizure list was prepared and a copy of seizure list was handed over to him who endorsed. Then thereafter, they have conducted raid at the place of Rameshwar Kumar who was also apprehended on account of recovery of Hero HF Delux motorcycle having Registration No.BR01N 7174. On query he disclosed that he purchased this vehicle from Mantu Prasad through Prabhat Kumar and for that seizure list was prepared. A copy thereof was handed over to him who endorsed. Then thereafter, they have conducted raid at the house of Manish Kumar and Nitesh Kumar who were present. On search two motorcycles were found and on query, they disclosed that they have purchased it from Mantu Prasad through Prabhat Kumar and Pintu Kumar Singh. Seized motorcycles were Discover and Honda Shine bearing Registration No. BR01AY 6773, BR2BZ 7186 and for that, respective seizure list was prepared and served upon them independently. Then thereafter, they gone to village-Deowaria where conducted raid at the house of Amrendra Kumar wherefrom Passion Pro motorcycle was recovered having no registration number. This motorcycle was purchased from Mantu Kumar through Rintu Kumar Singh and for that, seizure list was prepared and handed over a copy thereof to accused. Further disclosed that Prabhat had kept the motorcycle.

(3.) After registration of Bhagwanpur Hat P.S. Case No.93/2017, investigation commenced and after concluding the same, charge sheet was filed, facilitating the trial, subject matter of instant appeal.